[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6584-6587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2790]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2009-OS-0015]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Office of the Secretary of Defense is altering a system of 
records notice in its existing inventory of record systems subject to 
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
March 12, 2009 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the Office of the Secretary of Defense, 
Privacy Act Coordinator, Records Management Section, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588-6830.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
systems of records notices subject to the Privacy Act of 1974, (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the address above.
    The proposed system report, as required by 5 U.S.C. 552a(r), of the 
Privacy Act of 1974, as amended, was submitted on February 2, 2009 to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and Governmental Affairs, and the Office 
of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I 
to OMB Circular No. A-130, `Federal Agency Responsibilities for 
Maintaining Records About Individuals,' dated February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: February 4, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DHA 04

System Name:
    Defense Bone Marrow Donor Program (February 22, 1993, 58 FR 10227).

Changes:
    Change System ID to ``DHA 04 DoD''
* * * * *

System Location:
    Delete entry and replace with ``Primary system: Naval Medical 
Research Center, Silver Spring, MD 20910 and C.W. Bill Young/Department 
of Defense Marrow Donor Center, Naval Medical Research Center and 
Georgetown University Medical Center, 11333 Woodglen Drive, Rockville, 
MD 20852-3071.

Secondary Locations:
    The National Marrow Donor Program Coordinating Center, 3001 
Broadway

[[Page 6585]]

Street NE., Minneapolis, MN 55413-2195 (maintains no personal 
identification information).
    National Marrow Donor Program (NMDP) Approved Marrow Collection 
Centers and NMDP approved Apheresis Centers for collection of adult 
peripheral blood stem cells. Addresses for these collection centers are 
available from the System Manager.
    System users at secondary locations may access this system via 
internet. This remote access is limited to users with the appropriate 
system accounts and permission levels. A list of these secondary 
locations is available from the System Manager.''

Categories of Individuals Covered by the System:
    Delete entry and replace with ``Department of Defense military and 
civilian personnel and their dependents that have volunteered for and 
been accepted as potential bone marrow donors.''

Categories of Records in the System:
    Delete entry and replace with ``Donor registration and consent 
forms (or a notation in writing if the consent was obtained 
telephonically) including consents for testing and to donate a blood 
sample or buccal swab for HLA (human leukocyte antigen) typing and 
other genetic tests needed for matching a potential donor and patient 
that may affect transplant outcome; a consent to donate platelets; a 
consent to donate hematopoietic progenitor cells (HPC) from the bone 
marrow or from blood, if compatible with a patient; a consent to 
undergo anesthesia if selected to donate marrow or a consent to receive 
filgrastim followed by phereses for blood progenitor cells; consent for 
blood donation or phereses to collect donor blood lymphocytes for donor 
lymphocyte infusion as part of the transplant; report of physical 
examination of the donor to include complete medical history and the 
results of laboratory and other tests (X-ray, electrocardiogram, 
virology, etc.) and examining physician's report to the donor center; 
information pertinent to the collection process including post 
hospitalization follow-up; donor's written consent for further 
donations and insurance information offered through the National Marrow 
Donor Program. Donors may be contacted for additional approved research 
programs and if the donor agrees additional consents will be obtained. 
Data items include: Name, Social Security Number (SSN), a bar-coded 
Donor Identification Number (DIN) and genetic matching types (human 
leukocyte antigen) type and additional transplant matching type; 
donor's address, place of work, home and work telephone numbers; names, 
addresses and telephone numbers of donor's relatives and friends; 
donor's race/ethnicity; hospital and hospital provider number, city and 
state; name of transplant center; medical follow-up on the donor after 
marrow or blood hematopoietic progenitor cell donation.''

Authority for Maintenance of the System:
    Delete entry and replace with ``10 U.S.C. 113, Secretary of 
Defense; 10 U.S.C. 136, Under Secretary of Defense for Personnel and 
Readiness; 10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 5013, 
Secretary of the Navy; 10 U.S.C. 8013, Secretary of the Air Force; 
Public Law 101-302, Dire Emergency Supplemental Appropriations for 
Disaster Assistance, Food Stamps, Unemployment Compensation 
Administration, and Other Urgent Needs, and Transfers, and Reducing 
Funds Budgeted for Military Spending Act of 1990 and E.O. 9397 (SSN).''

Purpose(s):
    Delete entry and replace with ``To tissue type as many donors as 
possible for inclusion in the National Registry of marrow donors. This 
will offer patients requiring bone marrow or blood hematopoietic 
progenitor cell (PBSC) transplants access to as many potential donors 
as possible for the purpose of obtaining compatible match.
    To register donors with the National Coordinating Center for the 
purpose of obtaining a marrow match. Information released will consist 
of Donor Identification Number, donor's race, date of birth and sex, 
genetic matching types (HLA), only.''

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Delete entry and replace with ``To the National Coordinating Center 
for the purpose of obtaining insurance coverage for the donor selected 
to provide cells for a clinical transplant. Information released will 
consist of name, address, Social Security Number (SSN) and date of 
birth. Name and address only for the purpose of direct informational 
mailing (in such a way that the individual is not linked to his or her 
donor identification number or human leukocyte antigen type).
    To a NMDP-approved civilian medical facility in only those cases 
where required medical examination and/or actual marrow or blood 
hematopoietic progenitor cell procurement is performed.

    Note: This system of records contains individually identifiable 
health information. DoD 6025.18-R, ``DoD Health Information Privacy 
Regulation'' issued pursuant to the Health Insurance Portability and 
Accountability Act of 1996, applies to most such health information. 
DoD 6025.18-R may place additional procedural requirements on the 
uses and disclosures of such information beyond those found in the 
Privacy Act of 1974 or mentioned in this system of records notice.''

Policies and practices for storing, retrieving/accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Records are maintained on paper in 
file folders and electronic storage media.''

Retrievability:
    Delete entry and replace with ``By donor's name, Social Security 
Number (SSN) or Donor Identification Number, human leukocyte antigen 
type, date of birth, sex and racial/ethnic group.''

Safeguards:
    Delete entry and replace with ``Records are accessed by authorized 
personnel with an official need-to-know who have been trained for 
handling personally identifiable information. Hard copy records are 
maintained in locked cabinets in restricted access areas. Computer 
files are accessed on a password-protected stand-alone microcomputer 
system that includes a complete array of certified intrusion protection 
with computers housed in restricted areas with mechanical locks for 
additional protection. Computer files containing personal identifiers 
are maintained in a database server on a network using strict firewall 
rules for access and data files are maintained on a database encoded 
format that cannot be read without access through the secure database. 
Backup data containing personal identifiers are maintained in secure 
locked cabinets and the data is encrypted. Medical information required 
to facilitate the donation process is maintained on a local system 
developed as part of the National Marrow Donor Program. The database 
requires a second and third level of password protection for access by 
DoD Marrow Donor Program personnel with a need-to-know.
    Specific permitted information (without personal identifiers) is 
transmitted to and received from the national coordinating center of 
the National Marrow Donor Program in a secure system to facilitate 
selection of donors for transplantation and provide

[[Page 6586]]

information about the progress of the donation process.''

Retention and disposal:
    Delete entry and replace with ``Pending. Until National Archives 
and Records Administration approves the retention and disposition 
schedule, treat records as permanent.''
* * * * *

Notification Procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Assistant Secretary of Defense (Health 
Affairs), Office of Professional Affairs and Quality Assurance, Room 
3D366, 1200 Defense Pentagon, Washington, DC 20301-1200, where a log of 
these requests will be maintained.
    Individuals may also determine if they are included by contacting 
the Donor Center of the C.W. Bill Young Marrow Donor Recruitment and 
Research Program, the DoD Bone Marrow Donor Program, 11333 Woodglen 
Drive, Rockville, MD 20852-3071.
    The request should contain the individual's full name and Social 
Security Number (SSN).''

Record Access Procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the OSD/JS FOIA Requester Service Center, 1155 
Defense Pentagon, Washington, DC 20301-1155.
    The request should contain the individual's full name, Social 
Security number (SSN), and, if applicable, the name of the medical 
facility where examinations, tests, bone marrow collection, and follow-
up procedures were conducted.''
* * * * *
DHA 04 DoD

System Name:
    Defense Bone Marrow Donor Program.

System Location:
    Primary system: Naval Medical Research Center, Silver Spring, MD 
20910 and C.W. Bill Young/Department of Defense Marrow Donor Center, 
Naval Medical Research Center and Georgetown University Medical Center, 
11333 Woodglen Drive, Rockville MD 20852-3071.

Secondary Locations:
    The National Marrow Donor Program Coordinating Center, 3001 
Broadway Street, NE., Minneapolis, MN 55413-2195 (no personal 
identification information).
    National Marrow Donor Program (NMDP) Approved Marrow Collection 
Centers and NMDP approved Apheresis Centers for collection of adult 
peripheral blood stem cells. Addresses for these collection centers are 
available from the System Manager.
    System users at secondary locations may access this system via 
internet. This remote access is limited to users with the appropriate 
system accounts and permission levels. A list of these secondary 
locations is available from the System Manager.

Categories of Individuals Covered by the System:
    Department of Defense military and civilian personnel and their 
dependents that have volunteered for and been accepted as potential 
bone marrow donors.

Categories of Records in the System:
    Donor registration and consent forms (or a notation in writing if 
the consent was obtained telephonically) including consents for testing 
and to donate a blood sample or buccal swab for HLA (human leukocyte 
antigen) typing and other genetic tests needed for matching a potential 
donor and patient that may affect transplant outcome; a consent to 
donate platelets; a consent to donate hematopoietic progenitor cells 
(HPC) from the bone marrow or from blood, if compatible with a patient; 
a consent to undergo anesthesia if selected to donate marrow or a 
consent to receive filgrastim followed by phereses for blood progenitor 
cells or consent for blood donation or phereses to collect donor blood 
lymphocytes for donor lymphocyte infusion as part of the transplant; 
report of physical examination of the donor to include complete medical 
history and the results of laboratory and other tests (X-ray, 
electrocardiogram, virology, etc.) and examining physician's report to 
the donor center; information pertinent to the collection process 
including post hospitalization follow-up; donor's written consent for 
further donations and insurance information offered through the 
National Marrow Donor Program. Donors may be contacted for additional 
approved research programs and if the donor agrees additional consents 
will be obtained. Data items include: Name, Social Security Number 
(SSN), a bar-coded Donor Identification Number (DIN) and genetic 
matching types (HLA) type and additional transplant matching type; 
donor's address, place of work, home and work telephone numbers; names, 
addresses and telephone numbers of donor's relatives and friends; 
donor's race/ethnicity; hospital and hospital provider number, city and 
State; name of transplant center; medical follow-up on the donor after 
marrow or blood hematopoietic progenitor cell donation.

Authority for Maintenance of the System:
    10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 136, Under Secretary 
of Defense for Personnel and Readiness; 10 U.S.C. 3013, Secretary of 
the Army; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 8013, 
Secretary of the Air Force; Public Law 101-302, Dire Emergency 
Supplemental Appropriations for Disaster Assistance, Food Stamps, 
Unemployment Compensation Administration, and Other Urgent Needs, and 
Transfers, and Reducing Funds Budgeted for Military Spending Act of 
1990 and E.O. 9397 (SSN).

Purpose(s):
    To tissue type as many donors as possible for inclusion in the 
National Registry of marrow donors. This will offer patients requiring 
bone marrow or blood hematopoietic progenitor cell (PBSC) transplants 
access to as many potential donors as possible for the purpose of 
obtaining compatible match.
    To list registered donors with the National Coordinating Center for 
the purpose of obtaining a marrow match. Information released will 
consist of DIN, donor's race, date of birth and sex, genetic matching 
types (HLA), only.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the National Coordinating Center for the purpose of obtaining 
insurance coverage for the donor selected to provide cells for a 
clinical transplant. Information released will consist of name, 
address, Social Security Number and date of birth. Name and address 
only for the purpose of direct informational mailing (in such a way 
that the individual is not linked to his or her donor identification 
number or HLA-type).
    To a NMDP-approved civilian medical facility in only those cases 
where required medical examination and/or actual marrow or blood 
hematopoietic progenitor cell procurement is performed.


[[Page 6587]]


    Note: This system of records contains individually identifiable 
health information. DoD 6025.18-R, ``DoD Health Information Privacy 
Regulation'' issued pursuant to the Health Insurance Portability and 
Accountability Act of 1996, applies to most such health information. 
DoD 6025.18-R may place additional procedural requirements on the 
uses and disclosures of such information beyond those found in the 
Privacy Act of 1974 or mentioned in this system of records notice.

Policies and Practices for Storing, Retrieving/accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained on paper in file folders and electronic 
storage media.

Retrievability:
    By donor's name, Social Security Number (SSN) or Donor 
Identification Number, HLA type, date of birth, gender and racial/
ethnic group.

Safeguards:
    Records are accessed by authorized personnel with an official need-
to-know who have been trained for handling personally identifiable 
information. Hard copy records are maintained in locked cabinets in 
restricted access areas. Computer files are accessed on a password-
protected stand-alone microcomputer system that includes a complete 
array of certified intrusion protection with computers housed in 
restricted areas with mechanical locks for additional protection. 
Computer files containing personal identifiers are maintained in a 
database server on an enclaved network using strict firewall rules for 
access and data files are maintained on a database encoded format that 
cannot be read without access through the secure database. Backup data 
containing personal identifiers are maintained in secure locked 
cabinets and the data is encrypted. Medical information required to 
facilitate the donation process is maintained on a local system 
developed as part of the National Marrow Donor Program; the database 
requires a second and third level of password protection for access by 
DoD Marrow Donor Program personnel with a need-to-know.
    Specific permitted information (without personal identifiers) is 
transmitted to and received from the national coordinating center of 
the National Marrow Donor Program in a secure system to facilitate 
selection of donors for transplantation, and provide information about 
the progress of the donation process.

Retention and Disposal:
    Pending. Until National Archives and Records Administration 
approves the retention and disposition schedule, treat records as 
permanent.

System Manager(s) and Address:
    Assistant Secretary of Defense (Health Affairs), Office of 
Professional Affairs and Quality Assurance, Room 3D366, 1200 Defense 
Pentagon, Washington, DC 20301-1200.

Notification Procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Assistant Secretary of Defense (Health Affairs), Office of 
Professional Affairs and Quality Assurance, Room 3D366, 1200 Defense 
Pentagon, Washington, DC 20301-1200, where a log of these requests will 
be maintained.
    Individuals may also determine if they are included by contacting 
the Donor Center of the C.W. Bill Young Marrow Donor Recruitment and 
Research Program, the DoD Bone Marrow Donor Program, 11333 Woodglen 
Drive, Rockville, MD 20852-3071.
    The request should contain the individual's full name, Social 
Security Number (SSN), and, if applicable, the name of the medical 
facility where examinations, tests, bone marrow collection, and follow-
up procedures were conducted.

Record Access Procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the OSD/JS 
FOIA Requester Service Center, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    The request should contain the individual's full name, Social 
Security Number (SSN), and, if applicable, the name of the medical 
facility where examinations, tests, bone marrow collection, and follow-
up procedures were conducted.

Contesting Record Procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR Part 311; or may be obtained from 
the system manager.

Record Source Categories:
    Information is obtained from record subjects and attending medical 
specialists.

Exemptions Claimed for the System:
    None.

[FR Doc. E9-2790 Filed 2-9-09; 8:45 am]
BILLING CODE 5001-06-P